Conspiracy Theory Jurisdiction. Who Knew?
- May 31 2023
By: Jeffrey Haber Section 3211(a)(8) of the Civil Practice Law and Rule (“CPLR”) allows a party to “move for judgment dismissing one or more causes of action asserted against him on …
Category: Commercial Litigation
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Assignees Beware: The Right to Assert a Fraud Claim Related to A Contract or Note Does Not Automatically Transfer with The Assignment of the Contract or Note
- May 26 2023
Query: does the recipient of an assignment via a contract or a note automatically have the right to assert tort claims, including fraud claims, arising from that contract or note? In …
Penalty Provisions and Liquidated Damages Clauses Cut From The Same Cloth
- May 22 2023
By: Jeffrey Haber Commercial contracts typically include a liquidated damages provision that allows for the payment of a predetermined amount of damages in the event of a breach by one …
Second Department Finds Triable Issue of Fact as to the Question of Seller’s Oral Waiver of Time of the Essence Closing Date in Real Estate Contract
- May 19 2023
By Jonathan H. Freiberger The question of when parties must close title on a real estate transaction is often answered by another question – has either party sent a “time …
25% Owner Held Not to Have Dominated and Controlled Corporate Entity to Pierce the Corporate Veil
- May 17 2023
By: Jeffrey M. Haber This Blog has previously written about the benefits of forming a corporation or a limited liability corporation and the perils of ignoring the corporate formalities that …
You Can’t Have A Fraud If You Don’t Have A Communication In Which A False Statement Is Made
- May 15 2023
By: Jeffrey M. Haber To plead a fraud cause of action, a plaintiff must allege: (1) a misrepresentation of material fact; (2) falsity; (3) scienter; (4) justifiable reliance; and (5) …
Is Your Settlement Agreement Subject to Its “Subject to” Language?
- May 12 2023
By Jonathan H. Freiberger This Blog has previously discussed issues related to whether a binding agreement (a settlement agreement or otherwise) was formed by parties to a dispute. See, e.g., …
Do Not Complain About What You Annex to Your Complaint
- May 5 2023
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
Guaranty Provision Requiring Some Additional Performance Obligations Held Insufficient to Defeat Motion for Summary Judgment In Lieu of Complaint
- May 3 2023
By: Jeffrey M. Haber In past articles, we have examined a motion for summary judgment in lieu of a complaint under CPLR § 3213 (see, e.g., here, here, here, here, and here). Today, we take …
Second Department Cancels and Discharges of Record A Mortgage Pursuant to RPAPL 1501(4)
- Apr 28 2023
By Jonathan H. Freiberger As explained in our Blog entitled: “Get Rid of a Stale Mortgage By Bringing an Action Under RPAPL 1501(4),” mortgage on real property are typically delivered …
